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April 19, 2019


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Interesting. But it is not so simple. This is because such surgeons, and every physician in fact, has a professional duty to catch up with new methods and researches, published in professional medical literature ( legal duty in fact). Now, part of duty to obtain informed consent from one patient, is to describe or offer, all other novel methods exist and practiced. It would be sufficient then, to fail in one surgery, harming the patient, while new novel method or practice had been ignored or not told to the patient, for being potentially liable in tort and negligence, and loosing in court simply. Briefly : one surgeon, has a clear duty, not to get stuck in old fashion methods or practice of course.

So, surgeon, may also consider legal outcome, and offer such experimental yet or new method, to one patient, and avoid potential law suit simply.


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